Know Your Tenant Rights

Statistics show that people who rent are generally singles 29 to 35 years of age. This figure does not reflect the number of low income families that pay rent. Considering the rising cost of rent in the United States, we see that a greater number of Americans have decided to rent rather than buy. Data is now showing that rental units are becoming harder and harder to get, as people lose their homes due to the current housing issues that plague the market. As a renter, you need to know what your rights are. These rights are clearly defined by the law. In this article, we will look at the rights of a tenant and how they may affect you.

Always Check the Lease

This is an area that you must religiously adhere to. A lease contains information that is of vital importance to you. It tells you on what day the rent comes due, what happens if you do not pay your rent on time, and will spell out all allowable rent increases. Definitely pay attention to these. Never sign a contract or lease in which the landlord can raise the rent “at his discretion.” Also steer clear of any lease that states you must follow any rules that the landlord may want to implement in the future. Never sign a lease that gives the landlord “unrestricted access” to your apartment. Your lease is the most important document when you decide to rent, so be sure that you have a copy, and be sure the copy is notarized.

The Security Deposit

Generally a security deposit will equal one month’s rent and is paid when you move in. Although there may be exceptions, this is standard. When paying a security deposit, be crystal clear of your rights under the terms of the lease. Normal wear and tear is expected. If you decide to get angry and punch holes in the wall, or your pet pit bull has the need to eat the woodwork, expect to pay for repairs out of the security. Always ask for a list of any deductions the landlord may make when you move and request the return of your security deposit. The landlord is required to return this to you with 14 to 30 days after you move out. Some states may vary on this.

A Reasonable Right to Needed Repairs

As a tenant, you have rights regarding repairs the apartment needs. Such issues as no electricity or hot water are the responsibility of the landlord, and he needs to take immediate action to fix the problem. Emergencies such as these should be addressed within 24 hours, although it varies state to state. It is imperative that you let your landlord know immediately when these types of repairs need to be made. This doesn’t mean bugging him every day about a crack in the wall, but does mean that it is your responsibility as a tenant to notify him in a timely manner. Expect a verbal commitment from your landlord, and be sure to document any phone calls and responses. If he does not respond in a timely manner, the next step is to send a letter to the landlord. List your repair, ask that it be corrected by a certain date, and always be courteous and respectful. If this still does not get the needed repairs done, then your next move to is call a Code Inspector to handle the situation. They will inspect the apartment and will document any violations on the landlord’s part. Always document and keep copies of every communication.

Terminating the Lease

Senior citizens that are 60 or older have the right under law to terminate a lease if they must go into a nursing home. The landlord is liable to terminate the lease, release the senior from the liability of paying rent under the terms of the lease, and return any monies paid in advance. A person in the military that is called to active duty can terminate the lease if the lease was executed by the service member before he/she entered active duty. It can also be terminated if the leased premises have been occupied by the member or his/her dependents.

Renting can sometimes be a hassle. Knowing your rights and executing them goes a long way towards a happy landlord/tenant relationship. Always make every effort to maintain a good relationship with your landlord. It will make renting a much more pleasant experience.